Solutions for Government Overreach

Earlier this year President Obama proclaimed in his State of the Union Address his intention to go around Congress, highlighting a long pattern of overreach by the Executive branch. This well-documented growth of power did not start, nor is it likely to end, with the Obama Administration. Rather than sit idly by, Congress should restore the balance of power in Washington now and in the future.

Perhaps the most important reform legislation before Congress is the Regulations from the Executive in Need of Scrutiny (REINS) Act, which I am a proud original cosponsor. One of the ways the White House is able to go around Congress is by issuing regulations which have the force of law, but are very difficult for Congress to stop. Currently, both houses of Congress and the President must agree to repeal a regulation.

The REINS Act would effectively reverse this process for costly and burdensome regulations. Because these regulations would have a significant impact on the economy, and are effectively the law, the REINS Act would require the approval of Congress and the President before they are enforced on the American people.

This reform would force Executive branch agencies to comply with the will of Congress. It would also allow voters to hold their members of Congress responsible for the effects of the legislation they passed. Better yet, it could encourage Congress to write more specific legislation and give agencies like the Environmental Protection Agency less room to grab power through vaguely worded laws.

Similarly, I have cosponsored the Regulatory Accountability Act, which would improve how federal agencies issue rules and guidance with an annual cost of $100 million or more. This legislation would permanently require greater transparency and accountability of these major rules by requiring they be subjected to analysis before being rushed into effect by an overzealous Administration.

Finally, I voted for the Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law (ENFORCE the Law) Act which would give Congress the opportunity to challenge the Executive Branch if the President is not enforcing federal law. The Constitution gives Congress the power to legislate, and the President the responsibility to enforce the law. However, on several instances President Obama and his predecessors have dealt with laws or parts of laws they disagree with by choosing not to enforce them.

Selective enforcement of the law undermines our system of government and gives the President too much authority to act without the consent of Congress. The ENFORCE the Law Act would hold the President accountable for fulfilling his or her responsibilities as intended by our founders in the Constitution.

Each of these reforms is unfortunately necessary to correct the unacceptable pattern of government overreach. Regardless of who the next president is, Democrat or Republican, we must continue to recalibrate the balance of power in Washington, and restore accountability and the separation of powers which have served our nation well.